Observation 1: Inherency

Access to antiretroviral drugs rare now in Africa – many nations don’t have legalized generics.
Thomas Mullin, J.D., Nova Southeastern University, Fall 2002, ILSA Journal of International & Comparative Law, lexis [Zhuang]

Most nations have not issued compulsory licenses out of fear of the U.S.—this makes ARV medication expensive and difficult to access.
Samantha Shoell, J.D. candidate, Columbus School of Law, 2002, Minnesota Intellectual Property Review, lexis [Zhuang]

Observation Two: HIV/AIDS

The HIV/AIDS epidemic has become the most serious crisis in Sub-Saharan Africa – antiretroviral drug access is needed.
Mary Crewe, Director, Centre for the Study of AIDS, University of Pretoria, South Africa, Winter 2004, Yale Journal of Health Policy, Law and Ethics, lexis, [Zhuang]

Politics is the only thing that preventions the distribution of AIDS drugs—life is being evaluated in terms of capital and economic productivity—this poses an ethical dilemma.
Anne-Christine D’Adesky, award winning journalist, author and filmmaker, 2004, Moving Mountains: The Race to Treat Global Aids

Antiretroviral medication solves AIDS.
Jamie Crook, Boalt Hall School of Law JD, 2005, Berkeley Journal of International Law

AIDS risks extinction – it outweighs any war and other diseases.
Mutuma Mathiu, Africa News, July 15, 2000, lexis

Observation Three: Neo-liberalism

Blind adherence to intellectual property rights promotes marginal economic concerns that trump the ability for HIV-infected people to live – discursive claims of Africa’s inadequacies are constructed to justify inaction and promote colonialist agendas.
Mary Crewe, Director, Centre for the Study of AIDS, University of Pretoria, South Africa, Winter 2004, Yale Journal of Health Policy, Law and Ethics, lexis [Zhuang]

The pharmaceutical industry is entrenched with neo-liberalist dogma that prevents ARV drugs from reaching patients
Obijiofor Aginam, Ph.D., Associate Professor of Law, Carleton University, ’06, North Carolina Journal of International Law & Commercial Regulation Inc. [Sekaran]

The United States prioritizes civil and political over economic and social rights – any challenge to neoliberalism must engage the U.S. priorities.
David Fidler, Professor of Law, Indiana University School of Law, Spring ‘4
(Harvard Human Rights Journal, 17, “Fighting the Axis of Illness”)
Prioritization of civil and political rights over economic and social rights lead to global neoliberalism
Tony Evans, Department of Politics, University of Southampton, 2000, “Citizenship and Human Rights in the Age of Globalization”, Alternatives: Social Transformation & Humane Governance; Oct-Dec2000, Vol. 25 Issue 4, p415,24p.http://web.ebscohost.com/ehost/detail?vid=4&hid=112&sid=ac6bcf46-0e2c-4f18-bceb-bfafca5f96cd%40sessionmgr109

Neo-liberalism legitimizes the destruction of all humanity—it sacrifices whole populations on the altar of market fundamentalist dogma.
Boaventura de Sousa Santos, Professor of Sociology at the School of Economics, University of Coimbra, 03
(Bad Subjects, Issue #63, April, bad.eserver.org/issues/2003/63/santos.html)

THUS WE PROPOSE THE FOLLOWING PLAN:

The United States federal government should authorize the use of the subject matter of patents regarding treatment for and prevention of Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome without the authorization of the right holder, for use in Africa south of the Sahara by the United States government or third parties authorized by the United States government

Observation Four: Solvency

Compulsory licensing provides assistance to challenge IPR and directly saves lives.
Joseph E. Stiglitz, Most Qualified Economist Ever, '4
(Keynote Address @ World Intellectual Property Organization, Google)

The US is the key barrier that prevents more compulsory licenses from being issued for HIV/AIDS drugs.
Obijiofor Aginam, associate professor of law, Carleton University, Summer 2006, North Carolina Journal of International Law & Commercial Regulation, lexis [Zhuang]

The US is the powerhouse in restricting compulsory licensing—other nations fear litigation and sanctions.
Robert, Weissman, editor of Multinational Monitor magazine and codirector of Essential Action, a corporate accountability group, 9/4/03, “AIDS and Developing Countries: Facilitating Access to Essential Medicines”, http://www.fpif.org/briefs/vol6/v6n06aids.html [Weiss]

US action key – they control the rights to many important HIV/AIDS treatments
Robert, Weissman, editor of Multinational Monitor magazine and codirector of Essential Action, a corporate accountability group, 9/4/03, “AIDS and Developing Countries: Facilitating Access to Essential Medicines”, http://www.fpif.org/briefs/vol6/v6n06aids.html [Weiss]

ARV drug prices drop and access increases without patent protection—empirically proven.
World Health Organization, 5/06, Bulletin of the World Health Organization [Sekaran]

The plan functions within the existing TRIPS provisions on compulsory licensing for generic drug production.
World Health Organization, 5/06, Bulletin of the World Health Organization [Sekaran]

Production of ARV drugs reevaluates the dichotomy between rights within neo-liberal ideology—this gaurantees the right to life.
Obijiofor Aginam, Ph.D., Associate Professor of Law, Carleton University, ’06, North Carolina Journal of International Law & Commercial Regulation Inc. [Sekaran]

The state is key to solvency—it is the institution most sufficient and best positioned to negotiate with international capital and challenge the neo-liberalist paradigm.
William Graf, Professor of Geography at the University of South Carolina, ‘95
(http://socialistregister.com/socialistregister.com/files/SR_1995_Graf.pdf)